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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Establishment of chonsegwon on the basis of the entire certificate of basic matters to be registered (right to lease on a deposit basis: Land and Housing Corporation, Person Having chonsegwon: Person having chonsegwon: the Korea Land and Housing Corporation, and period of lease on a deposit basis: January 29, 2013 to January 28, 2015). The purchaser shall be succeeded to (right to lease on a deposit basis, KRW 70 million per month, KRW 250,000 per month) on the basis of the balance date, and the payment key
(a).
On April 29, 2013, the Plaintiff entered into a sales contract with the Defendant on behalf of his own son, and around that time, C purchased from the Defendant a down payment of KRW 1,315,00,000,000,000 in total of KRW 1,3150,000,000,000 for the remainder of KRW 11,835,000,000 and KRW 131,50,000,000 for the remainder of KRW 1,31,50,000,000 for the remainder of KRW 1,315,00 (hereinafter “instant sales contract”).
B. Meanwhile, on January 16, 2013, prior to the conclusion of the above sales contract, the Defendant concluded an apartment lease agreement with E, setting the lease deposit of KRW 70 million, monthly rent of KRW 250,000, and the lease period from February 26, 2013 to February 26, 2015 (hereinafter “instant lease agreement”).
In addition, the Defendant entered into a real estate lease contract with the Korea Land and Housing Corporation and E on January 19, 2013, with the lessee, tenant E, and lease period from January 29, 2013 to January 28, 2015, and with the lease deposit amount of KRW 60 million. As to the instant real estate, the Defendant entered into a lease contract for lease on a deposit basis (hereinafter “the lease contract for a lease on a deposit basis”). On January 22, 2013, the Defendant completed the registration of establishment of lease on a deposit basis with the lease amount of KRW 3415 as the Korea Land and Housing Corporation and the lease right amount of KRW 60 million with the lease deposit amount of KRW 60 million with the lease on a deposit basis.
C. On June 30, 2013, the Plaintiff would resolve the inconsistency between the instant lease agreement and the registration relationship on the instant real estate by July 6, 2013.